When the decision to end a marriage through divorce has been made, a number of practical considerations must follow. Dividing the marital assets and debts, for example, must be accomplished during the divorce. If minor children are involved issues relating to custody, visitation, and support must be considered. Support of the minor children does not refer solely to a monthly check paid by the non-custodial parent to the custodial parent. Support also refers to issues such as who pays for medical insurance for children in a divorce.
Ideally, all of the issues in you divorce will be resolved amicably between you and your spouse through an out of court settlement agreement. If you have minor children, one of those issues will relate to medical insurance for the children until at least the age of 18 years old. If you and your spouse are unable to reach an agreement, the court will have to decide any contested issues, including who pays for health insurance.
If a court is forced to decide, the court will typically look first at any employer sponsored health insurance options. Sometimes, both parents agree, or are required by the court, to carry medical insurance through an employer. With the new health insurance laws, the court may also look at the cost for each parent to insure the children through the "Marketplace". Costs that are not paid for through insurance, such as deductibles or co-payments, are usually split between the parents.
Ultimately, the cost of health insurance is viewed as part of the child support calculations. If a parent pays out of pocket for health insurance premiums, for example, the portion of that expense that is for the children may be factored in as part of the child support. Likewise, if the support payee ends up paying for health insurance the payor may be ordered to reimburse the payee all, or a portion, of the expense.
Whether you are the custodial or the non-custodial parent, child support can be complicated. When medical insurance premiums are factored in determining the correct child support obligation becomes even more complicated. Finally, with the new health insurance law, accurately calculating child support is now that much more confusing. To ensure that your rights are protected as either the payor or the payee of child support in New York, consult the experienced attorneys at Simon & Gilman, LLP as soon as divorce becomes a likely option.